To: | Streamlight, Inc. (docketclerk@ddhs.com) |
Subject: | U.S. Trademark Application Serial No. 88265947 - ORBITAL VISIBILITY - 0096-T04696U |
Sent: | November 19, 2019 06:37:02 PM |
Sent As: | ecom105@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88265947
Mark: ORBITAL VISIBILITY
|
|
Correspondence Address: |
|
Applicant: Streamlight, Inc.
|
|
Reference/Docket No. 0096-T04696U
Correspondence Email Address: |
|
PRIORITY ACTION
NONFINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: November 19, 2019
Applicant must address issues shown below. On November 13, 2019, the examining attorney and Roger Herrell discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
This Office action is in response to applicant’s communication filed on August 16, 2019.
This Office Action is supplemental to the previous Office action issued on March 25, 2019 and July 25, 2019 in connection with this application. Based on information and/or documentation in applicant’s response, the trademark examining attorney now issues the following new requirement:
- Requirement to amend identification of goods. See TMEP §§706, 711.02.
In a previous Office action(s) dated on March 25, 2019 and July 25, 2019, the trademark examining attorney refused registration of the applied-for mark based on the following:
- Trademark Act Section 2(d) for a likelihood of confusion with a registered mark;
Additionally, applicant was required to satisfy the following requirement:
- Amend the identification of goods.
Based on applicant’s response, applicant has obviated the following:
- Trademark Act Section 2(d) for a likelihood of confusion with a registered mark.
See TMEP §§713.02, 714.04.
Based on applicant’s response, the trademark examining attorney notes that although an amended identification of goods was provided, upon further review, it has been determined that an additional amendment to the identification of goods is required. The trademark examining attorney sincerely apologizes for any inconvenience that the subsequent refusal and/or requirement may cause the applicant.
The following is a SUMMARY OF ISSUES that applicant must address:
• NEW ISSUE: IDENTIFICATION OF GOODS
Applicant must respond to all issues raised in this Office action and the on March 25, 2019 and July 25, 2019 Office actions, within six (6) months of the date of issuance of this Office action. 37 C.F.R. §2.62(a); see TMEP §711.02. If applicant does not respond within this time limit, the application will be abandoned. 37 C.F.R. §2.65(a).
Applicant may substitute the following wording, if accurate:
International Class 11:
Portable battery-powered headlamps, for mounting on a helmet, hat, or directly on the head, incorporating additional safety lights for making the user visible
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
RESPONSE GUIDELINES
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
How to respond. Click to file a response to this nonfinal Office action.
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
Mark Peisecki
/Mark Peisecki/
Trademark Examining Attorney Law Office 105
(571) 270-5399
mark.peisecki@uspto.gov
RESPONSE GUIDANCE